‘GLUCON-D TANGY ORANGE’ v. ‘DABUR GLUCOPLUS-C ORANGE’ The TV commercial identifies ‘orange glucose’ as ‘product category’. But, is it disparaging in nature? Disparagement is an act of belittling someone’s goods or services with a misleading remark. The TV Commercial does not disparage any ‘orange glucose’ drink. Disparagement cannot be a far-fetched inference. It would […]
Read more "Comparative Advertising III"Plaintiffs allege infringement by Defendant of their Registered Design No. 306577 which was the subject matter of Diageo Brands B.V. v. Great Galleon Ventures Limited, 2022 SCC OnLine Del 2350 [‘Great Galleon’] as well. Senior Advocate, Amit Sibal points out, Section 22 of The Designs Act, 2000 identifies ‘obvious’ and ‘fraudulent’ imitation as the test. […]
Read more "Design Piracy / No Bottle, Just Bottle II"Constitution Bench in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) 1 SCC 421 held, the words ‘rules’ and ‘regulations’ are used in an Act to limit powers of a statutory authority; any action of such bodies in excess of their power or in violation of restrictions placed is ultra vires; statutory bodies cannot use […]
Read more "The Revival of Ray XC"Learned Counsel for Appellant-Defendant states, Learned Single Judge has erred in not considering: Respondent-Plaintiff had bypassed Section 12A of The Commercial Courts Act, 2015, which prescribes pre-institution mediation as a mandatory requirement. Respondent-Plaintiff is not only a prior adopter but also a prior registrant and allegation of suppression is irrelevant. Court is in agreement, packaging […]
Read more "Quia Timet III"“The question, ‘whether in absence of evidence of complainant / direct or primary evidence of demand of illegal gratification, is it not permissible to draw inferential deduction of culpability / guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of The Prevention of Corruption Act, 1988?’, requires a Larger […]
Read more "Referred to Larger Bench XVII Answered: Illegal Gratification I"With greatest respect to Hon’ble Bench [R. Banumathi, A.S. Bopanna & Hrishikesh Roy JJ] which dealt with K. Meghachandra Singh v. Ningam Siro, 2020 5 SCC 689, we find, attention was not invited to binding decisions of Coordinate Bench in M. Subba Reddy v. A.P. State Road Transport Corporation, (2004) 6 SCC 729 and Constitution […]
Read more "Referred to Larger Bench XXXIII: K. Meghachandra, (2020) 5 SCC 689"My Lord, Allegations in Plaint are Sufficient? No. In assessing whether a quia timet plaint can be rejected outright [Order 7, Rule 11], Teva Pharmaceutical Industries v. Natco Pharma Limited, (2014) 212 DLT 321 cautions, a quia timet action must not be speculative, merely alleging without factual basis. The statement of claim must allege […]
Read more "Quia Timet II / The Drastic Power of Rejecting a Plaint VII"Plaintiffs are manufacturers of containers, used to store food products, sold under the brand name ’Tupperware’. Defendant is also a manufacturer of containers, used for storage of food products, sold under the brand name ‘Signoraware’. Plaintiffs have brought this action seeking remedies in respect of Plaintiffs’ Suit Products [MM Square, Best Lunch Bag and Spice […]
Read more "Product Configuration Trade Dress"Court’s power under Section 319 has been reiterated in Hardeep Singh v. State of Punjab, (2014) 3 SCC 92. It has been held, such power is available before pronouncement of a Judgment. After pronouncement of a Judgment of conviction, trial is not complete. Though, it may be so in case of acquittal. A Judge is […]
Read more "Section 319 of The Code of Criminal Procedure, 1973 II"Pramod applied for the post of a Police Constable. He disclosed, he had been tried for an offence under Section 498A, IPC. As he was involved in a criminal case earlier, though acquitted, his candidature was rejected. As such there was no suppression. Pramod was acquitted 7 years before he applied for the post […]
Read more "Honourable Acquittal V"Omkar is a teacher in a Government school. Vimala was a student reading in said school. Vimala alleged, Omkar had sexual intercourse with her on putting her to fear, she would be failed. She was studying in Class VII for 3 years. Trial Judge found her to be more than 18 years. Whereas under Section […]
Read more "Consent, March 2007"
The Last Word 
You must be logged in to post a comment.